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Home > Company > General sales conditions

GENERAL SALES CONDITIONS

1- General sale conditions validity.
This general sale conditions supersede the previous ones and will be applied to all product orders of ADOURBAN Urban Furniture, S.L (hereinafter: ADOURBAN). The following general sale conditions govern all ADOURBAN sales to customers. They are part of the sale contract and supersede any contrary term or agreement in the order or in any other customer document. The information in catalogs or any advertising material are merely indicative and can be changed at any time by ADOURBAN.
2- Orders.
All orders are subject to "availability and price list changes." ADOURBAN reserves the right to accept or reject all or part of customer orders, according to their conformity with the general conditions and the products availability. ADOURBAN reserves the right to make technical changes to any product at any time. Customer cannot cancel orders entirely or in part after 10 days from date sent; in case of cancellation beyond this deadline, ADOURBAN will be entitled to compensation for the full amount.
For installation included, if through no fault of ADOURBAN could not be the same, except the work billed assembly.
When installation is included, if it couldn’t be done for reasons beyond ADOURBAN Cerramientos Metálicos S.A control, works will be billed but not the installation. Likewise, if there isn’t installation, once the material is manufactured or prepared and nobody comes to collect it or customer doesn’t want it to be sent, the whole order will be billed. Works of masonry, scaffolding installation, support staff, electricians, electrical connections, painting, unloadings, materials movements on site, building permission, old doors removal on site, debris removal or any other work not specified on the budget will not be included.
All documentation required by the purchaser, either administrative or certificate material must be requested before the offer acceptance , never after the materials supply or after work completion.
Any order sent by the client is subject to acceptance by our risk department who can accept or reject the order according to the client report. Therefore, the client can’t claim compensation for the delay caused in obtaining this report.
3- Prices.
ADOURBAN sells products to customers at the offered prices with delivery in our factory, except if there is another written agreement with ADOURBAN.
4- Delivery.
All products are delivered in our factory,, establishment of ADOURBAN, Badalona, Barcelona.
The obligation to deliver the goods meet their delivery to the transportation company in the case it is agreed that service. ADOURBAN is relieved of the obligation to deliver the goods in all scenarios of unforeseeable circumstances or force majeure, strikes, or failure to supply raw materials or other product unavailability.
5- Delivery.
The goods always travel at the risk of the customer. Theft, loss, damage or lack of good does not absolve the customer of the obligation to pay the price, provided that the goods have been delivered regularly to the carrier in the establishment of ADOURBAN.
The goods are not covered by insurance, unless the express request of the client and at his own risk.
6- Goods collection.
The client is obliged to collect the goods as soon as he receive the availability notice. If there is delay, ADOURBAN have the right (in addition to receiving full payment of the price) to request reimbursement of storage costs and custody of the goods, without prejudice to the possible damages. ADOURBAN is not responsible for any damages, direct or indirect that may arise due to the deposit not removed or withdrawn late in both ADOURBAN stores like those of the transportation.
7- Guarantee.
ADOURBAN guarantees its products, brand ADOURBAN against defects in materials and workmanship under conditions and limits set installation and use of ADOURBAN.
ADOURBAN not be held liable if the products are connected, associated or interconnected with other products not delivered by of ADOURBAN. The customer must install the products associated with ADOURBAN only other of ADOURBAN. Otherwise the warranty expires.
ADOURBAN is not responsible if you do not follow instructions and use mounting or electrical codes or other specifications in effect at the time of installation, or whether the accessories and electrical and mechanical components of ADOURBAN are installed, used or connected without regard schemes and the types of connections for which they were intended. ADOURBAN also not be held liable for use or application of products for purposes not appropriate for the type, capacity and product range of ADOURBAN. For more products not covered by warranty, ADOURBAN provides a support service for the repair of equipment, loading into account the costs involved. For computers that can not be repaired, ADOURBAN, at its discretion without question, can replace the corresponding price charged to the customer.
8- Complaints and liability.
ADOURBAN assumes no responsibility for errors, damage, or theft after delivery to the customer. ADOURBAN reserves the right to accept or not the returns of the material supplied, when requested by the client, and provided the material is in perfect condition and has not been discontinued, the customer will be charged to the costs of handling
Any claim for the material provided shall be notified within a maximum period of 48 hours from receipt of goods.
No claim may be entitled to the delay or suspension of payment terms, being due entirely to pay the portion not answered.
9- Retention of title.
The merchandise sold is owned by ADOURBAN until full payment. Therefore, until full payment is made to the price of capital and accessories, the goods delivered wherever they are and even if they were resold by the customer, remain the exclusive property of of ADOURBAN.
Checks, bills, credit transfers do not constitute payment until the time of actual receipt. If products were not paid, ADOURBAN may take new position of sales wherever they are.
The customer is obliged to report the names of the parties who have purchased the products and to the ADOURBAN will be entitled to claim their rights and to withdraw the
products.
10- Payment Terms.
All payments must be made exclusively to ADOURBAN in a timely and following the guidelines in the bill and provided under the new law of July 7, 2010 Law 15/2010 on combating late payment in commercial transactions.
FACULTY RESOLUTIONS AND SUSPENSION OF EXECUTION: the only delay payment of a fee and deadlines, ADOURBAN reserves the right to suspend - even without prior notice, implementation / delivery order, or to waive any contract in progress, even if others are not affected by the delay, without the customer is entitled to seek compensation of any sort. The delay in payments within the stipulated time frame also allows ADOURBAN to subordinate other deliveries to the full payment of the amount due with interest and other amounts receivable, because the customer loses the benefit of the possibility of paying successive terms of amounts or one time must submit adequate safeguards.
COMPENSATION: not supported, unless otherwise accepted in writing, no compensation from any ADOURBAN client credits and debts of the customer, for whatever purpose, arising, whether incidental or consequential to the sales contract.
11- Patents, trademarks and identifying elements.
The customer knows that ADOURBAN products are covered by patent and know-how and industrial property design exclusive of ADOURBAN. The customer cannot violate those ADOURBAN rights and remove, delete or alter in any way the brands and other identification or initials of any ADOURBAN products is reproduced in any form or use of the mark ADOURBAN and any other identifying element present in the products.
12- Termination clause.
In case of non payment, the sale may be canceled at any time by a simple written communication sent by ADOURBAN to the customer indicating that resort to this clause without any legal formality. Goods delivered and not paid shall be returned to ADOURBAN at the expense of the customer. To this end ADOURBAN and charge carriers will be allowed to terminate and collect the unpaid merchandise from the customer premises.
13- Spanish law and jurisdiction.
For any dispute arising in the execution of the contract the parties agree the application of Spanish law, and submit to the exclusive jurisdiction of the courts of Badalona, waiving their own jurisdiction.
 
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